BILL NUMBER: AB 2045	CHAPTERED  09/11/00

	CHAPTER   396
	FILED WITH SECRETARY OF STATE   SEPTEMBER 11, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 8, 2000
	PASSED THE ASSEMBLY   AUGUST 21, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   JULY 5, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   APRIL 3, 2000
	AMENDED IN ASSEMBLY   MARCH 23, 2000

INTRODUCED BY   Assembly Member Nakano

                        FEBRUARY 18, 2000

   An act to amend Sections 63.6, 668.1, and 668.2 of, and to add
Section 668.3 to, the Harbors and Navigation Code, relating to
boating.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2045, Nakano.  Boating safety.
   (1) Existing law requires the Department of Boating and Waterways
to make a biennial report to the Boating and Waterways Commission,
the Legislature, and the Governor on the operations of the
department.
   This bill would require the report to include an evaluation of the
public participation in the personal watercraft education course
developed by the department pursuant to the bill.
   (2) Existing law permits, and in some cases requires, any person
convicted of specified offenses relating to the operation of vessels
to be ordered by the court to complete and pass a boating safety
course.
   This bill would require the Department of Boating and Waterways to
approve boating safety courses for those purposes.  The bill would
make conforming changes.
   The bill also would require the department to develop a voluntary
personal watercraft education course.  The bill would require the
course to be made available on the department's website, and would
authorize the course to be made available in other formats, as
determined by the department.
   (3) Existing law authorizes the department to grant funds from the
Harbors and Watercraft Revolving Fund, which is available upon
appropriation by the Legislature, for, among other things,
scholarship funding relating to boating safety education and to
finance the purchase of vessels and related safety equipment for use
in boating safety education classes.
   This bill would also authorize the department to grant funds from
that fund to provide voluntary personal watercraft education course
materials developed by the department pursuant to the bill in those
situations where the department determines the course would not
otherwise be available to a significant number of personal watercraft
operators.  The bill would require the department to adopt
regulations necessary to implement this provision.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 63.6 of the Harbors and Navigation Code is
amended to read:
   63.6.  (a) (1) On or before January 15 of each odd-numbered year,
the director shall make a report to the commission, the Legislature,
and the Governor covering the operations of the department for the
preceding biennium.
   (2) With respect to Article 5 (commencing with Section 76), the
report shall include all of the following:
   (A) The total amount of loans made in each of the two fiscal years
immediately preceding the preparation and submission of the report.

   (B) For each recipient of a loan during each of the two fiscal
years immediately preceding the preparation and submission of the
report, the recipient's name, the location of the marina for which
the loan was made, and the amount of the loan.
   (C) The financial status of each loan.
   (D) Any legislative recommendations.
   (3) The report shall also include the status of the department's
activities related to the monitoring of rates pursuant to Section
71.4 and subdivision (d) of Section 76.7.
   (4) The report shall also include an evaluation of the public
participation in the personal watercraft education course developed
by the department pursuant to subdivision (b) of Section 668.3 and a
determination of the effect of the course on personal watercraft
safety in California.
   (b) The department shall also make any special reports that are
requested by the Secretary of Resources or the Governor.
  SEC. 2.  Section 668.1 of the Harbors and Navigation Code is
amended to read:
   668.1.  (a) Any person convicted of a violation of subdivision
(b), (c), (d), (e), or (f) of Section 655 of this code, or of Section
655.2, 655.6, 658, or 658.5 of this code, or of Section 191.5 of the
Penal Code, pertaining to a mechanically propelled vessel but not to
manipulating any water skis, an aquaplane, or similar device, when
the conviction resulted from the operation of a vessel, shall be
ordered by the court to complete and pass a boating safety course
approved by the department pursuant to Section 668.3.
   (b) Any person who has been ordered by the court to complete and
pass a boating safety course pursuant to this section shall submit to
the court proof of completion and passage of the course within seven
months of the time of his or her conviction.  The proof shall be in
a form that has been approved by the department and that provides for
the ability to submit the form to the court through the United
States Postal Service.  If the person who has been required to
complete and pass a boating safety course is under 18 years of age,
the court may require that the person obtain parental consent to
enroll in the course.  If the person does not complete and pass the
boating safety course, the court may extend the period for completion
or impose another penalty as prescribed by statute.
   (c) The department shall adopt regulations to carry out this
section, including approval of boating safety education courses, as
specified in Section 668.3, prescribing the forms for proof of
completion and passage, approval of testing to indicate appropriate
mastery of the course subject matter, and setting forth any fees to
be charged to course participants, which fees shall not exceed the
expenses associated with providing the course.
  SEC. 3.  Section 668.2 of the Harbors and Navigation Code is
amended to read:
   668.2.  The department may grant funds from the Harbors and
Watercraft Revolving Fund to local public agencies, nonprofit
organizations, and colleges and universities for scholarship funding
relating to boating safety education, to finance the purchase of
vessels and related safety equipment for use in boating safety
education classes, and to provide voluntary personal watercraft
education course materials developed by the department pursuant to
subdivision (b) of Section 668.3 in those situations where the
department determines the course would not otherwise be available to
a significant number of personal watercraft operators.  The
department shall adopt regulations necessary to implement this
section.
  SEC. 4.  Section 668.3 is added to the Harbors and Navigation Code,
to read:
   668.3.  (a) For the purposes of Section 668.1, the department
shall approve boating safety courses that it determines provides the
course taker with information that effectively educates the course
taker as to the basic rules of California waterways, the proper and
safe manner to operate recreational vessels, and actions that can be
taken to avoid boating-related environmental pollution.
   (b) The department shall develop a personal watercraft education
course that provides the course taker with information that
effectively educates the course taker as to the basic rules of
California waterways, the proper and safe manner to operate personal
watercraft, and actions that can be taken to avoid personal
watercraft-related environmental pollution.  The course shall be
voluntary and shall be made available to groups, individuals, and
clubs.  The course shall be made available on the department's
website and may be made available in other formats, as determined by
the department.  The department shall consult with the California
State Sheriff's Association in developing the course and making it
available on the Internet.
